McCarthy v. Jablonski

Plaintiff was the holder of a bond for $6,000, secured by a mortgage covering premises at Mineóla, Long Island. Shortly after the bond became due, appellants, in consideration of the extension of the payment of the principal, guaranteed the payment of any deficit that might arise. Upon default plaintiff foreclosed the mortgage. The property was sold on December 20, 1935. At the time of the sale the amount due on the mortgage was $8,009.99. The property was bid in by plaintiff for $3,000. Thereafter plaintiff moved under section 1083-a of the Civil Practice Act to have the amount of the…